(A) A person who violated any provision of this chapter, a permit, or any order issued under this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to criminal prosecution and a fine of not more than $500 and/or 90 days in jail, or both, exclusive of any civil fine assessment, costs, and damages. Each day in which a violation continues shall be deemed a separate offense. The imposition of any sentence hereunder shall not exempt the offender from compliance with the requirements of this chapter.
(B) The village may serve written notice of violation stating the nature of the violation and demanding remedial action which must be taken within a time certain stated in the notice as recommended by the Department. Any person aggrieved by the requirements herein may contest the recommendations of the Department by appeal to the Village Council within 30 days from the notice of violation.
(C) Nothing in this section shall be interpreted as abrogating the village's right to proceed with an appropriate equitable action to enjoin and/or abate any condition or violation of this chapter.
(D) The penalties described in this section are nonexclusive and the village reserves the right to take any, all, or any combination of remedial actions whether administrative or legal against a non-compliant user of the POTW in accordance with this chapter, state, and/or federal law. In all cases in which enforcement of this chapter and/or other relevant laws and regulations is required, a noncompliant user or other person who violates this chapter shall be required to make restitution to the village for all costs and expenses incurred by the village because of enforcement, and for all loss or damage to the POTW or other property which results from the violation.
(Ord. 247, passed 2-2-2004)